ALTSHULER SHAHAM PROVIDENT FUNDS, LTD. V GML TOWER LLC , THE PIKE COMPANY, INC., THE HAYNER HOYT CORPORATION AND
Motion No: CA 14-01113
Slip Opinion No: 2014 NY Slip Op 77118(U)
Decided on July 1, 2014
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


July 1, 2014

PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 14-01113

ALTSHULER SHAHAM PROVIDENT FUNDS, LTD.,

PLAINTIFF-APPELLANT,

V

GML TOWER LLC, ET AL., DEFENDANTS,

THE PIKE COMPANY, INC., THE HAYNER HOYT CORPORATION AND

SYRACUSE MERIT ELECTRIC, A DIVISION OF O'CONNELL ELECTRIC

CO., INC., DEFENDANTS-RESPONDENTS.



SYMPHONY TOWER LLC, REPONDENT.


Respondent The Hayner Hoyt Corporation having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 18, 2014, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Andrew Agati, Esq., dated June 18, 2014, the notice of motion with proof of service thereof, and the affirmation of Bruce H. Lederman, Esq., dated June 24, 2014,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 2, 2014.

Entered: July 1, 2014

Frances E. Cafarell, Clerk